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Union Pacific Ry. Co. v. Goodridge, 149 U.S. 680 (1893)
Union Pacific Railway Company v. Goodridge
No. 211
Argued April 14, 17, 1893
Decided May 15, 1893
It is no proper business of a railway company as common carrier to foster particular enterprises or to build up new industries, but, deriving its franchises from the legislature and depending upon the will of the people for its very existence, it is bound to deal fairly with the public, to extend them reasonable facilities for the transportation of their persons and property, and to put all its patrons upon an absolute equality.
It is no defense to an action against a railway company under the statute of Colorado of 1880 to recover triple damages for an unjust discrimination in freights, to set up a contract for a rebate in case of furnishing a certain amount for transportation without also alleging and showing that such an amount was furnished.
An unexplained, indefinite, and unadjusted claim for damages arising from a tort, which, though put forward, had never been pressed, is no defense in such an action.
Sundry objections to testimony are held to be without merit.
This was an action at law by the firm of Goodridge & Marfell, coal merchants, carrying on the business of mining coal at Erie, Colorado, and of selling same at Denver, against the Union Pacific Railway Company, to recover triple damages under a statute of Colorado for an alleged unjust discrimination in freights upon coal from Erie to Denver.
The statute which was the basis of this action, together with a corresponding clause of the state constitution of Colorado, so far as the same are material to this case, are set forth in the margin. * chanrobles.com-red
The amended complaint alleged the defendant to be a common carrier, chartered by an act of Congress, and operating a line of railroad from Erie and Marshall at both of which were located certain coal mines, about thirty-five miles, to Denver; that if there were any difference in distance, it was in favor of Erie, by about two miles, and that the published chanrobles.com-red
schedule of freights for coal was the same, namely, one dollar per ton from each place; that plaintiffs, while operating their coal mines from Erie, between October 31, 1885, and August 12, 1887, shipped to Denver 12,960 tons and 1,625 pounds of coal, for which they paid defendant $12,960 and a fraction, being at the rate of one dollar a ton, believing that such was the regular schedule rate charged the general public and all parties similarly situated for such service, there being no difference or discrimination between such rates as between Erie and Marshall to Denver; that the Marshall Consolidated Coal Mining Company at the same time operated coal mines at Marshall, and was engaged in shipping coal over defendant's road to Denver under the same circumstances as the plaintiffs, except as to rates, and was a competitor with the plaintiffs; that the amount of such shipments was about 145,833 tons, the defendant charging such company sixty cents per ton, and allowing a rebate of forty cents from its schedule rates; that plaintiffs are informed such rebates amounted to upwards of $58,000, and that the defendant in this manner, without the approval of the railroad commissioner, demanded and received from the plaintiffs the sum of $5,184.30 more than it received from the Marshall Consolidated Coal Mining Company (hereinafter called the Marshall Company) for like services, upon like conditions and under similar circumstances, without the knowledge or consent of the plaintiffs; that the defendant in this manner, and to this extent, allowed the Marshall Company drawbacks or rebates for carrying its coal, which were not open to and allowed all companies and corporations alike at the same rate per ton per mile; that these rebates were made secretly and clandestinely in favor of the Marshall Company, with the design to deceive and mislead the plaintiffs, and fraudulently conceal from them the facts relating to such rebates, and did so conceal them until about August 12, 1887; and that the plaintiffs were misled and deceived by these devices and practices, and remained in ignorance of the same until such data.
The plaintiffs further alleged that defendant had granted other parties, similarly situated, the same rebates for the chanrobles.com-red
carrying of coal over its road from Marshall, and further charged that all the coal shipped by the plaintiffs and the Marshall Company was about the same quality, and cost the defendant the same amount to handle and ship over its lines, and that the charges made by the defendant were unreasonable, unjust, and extortionate; that plaintiffs had demanded of defendant reimbursement of the overcharges, which had been refused, by reason of which they asked judgment in the sum of $15,552.90, being three times the amount alleged to have been extorted at the rate of forty cents per ton on all coal shipped by them.
The answer set up a general denial of each and every material allegation in the complaint, and special denials that defendant had allowed the Marshall Company a rebate of forty cents per ton, or that it had charged plaintiffs more than it had charged the Marshall Company for like services. For a second defense, the defendant alleged that in January, 1880, the Denver, Western & Pacific Railway Company, a Colorado corporation, was engaged in building a railroad from Denver to Boulder, and in so doing passed over certain coal lands belonging to one Langford and others, known as the "Marshall Coal Mine;" that in constructing its line, it negligently broke into the mine, in consequence of which it was claimed the mine took fire, and destroyed large amounts of coal, and continued to burn for several months, to recover which damages suits were instituted by the owners of the mine against the railroad company, which were litigated for several years; that in addition to such damages, the company had failed to obtain a right of way across the mining lands; that in January, 1882, a judgment was also obtained against the company, in the sum of $64,000, upon a mechanic's lien, of which judgment the Union Pacific subsequently became the owner, as well as of a large number of the bonds of the said company; that the road was subsequently sold, and came into the hands of the Union Pacific, and in 1885 a corporation was formed under the name of Denver, Marshall and Boulder Railway Company, which was owned and controlled by the Union Pacific, and which proceeded to construct its road from chanrobles.com-red
Denver to Boulder, and that the claim against the Denver, Western and Pacific had become, and still remained, a lien upon the property in the hands of the Denver, Marshall and Boulder Company; that in 1885, the said Langford and others sold the Marshall coal mine to the Marshall Company, which thus became the owner of the mine, and also, by assignment, the owner of the claim for damages done to it by the Denver, Western and Pacific Railway Company; that in 1885, the Union Pacific was the owner of a certain coal mine at or near Louisville, Boulder County; that in addition to the liens above stated, there was also a bonded indebtedness of about $1,000,000 upon the Denver, Western and Pacific, secured by a mortgage, which was foreclosed in 1883, and upon such foreclosure the owners of the Marshall coal mine answered, setting up their claim for damages to the extent of $81,000; that the property was subsequently put up and sold at master's sale under decree of foreclosure, the rights of Langford and others not being adjudicated at that time, and that upon such sale, the title was acquired by parties acting in behalf of the Union Pacific, which had become the owner of a large number of the mortgage bonds; that for some time prior to October 13, 1885, defendant was receiving coal for its locomotives from the Union Coal Mining Company, which was the owner or lessee of certain coal mines at Erie and at Louisville, and had been engaged in working the mines, and furnishing the defendant with coal; that about the same time, the Marshall Company had become the owner of the coal lands formerly owned by Langford and others, and that on account of complaints that had been made by the owners of other mines, the defendant concluded that it was for its best interest to discontinue its connection with the Union Coal Company, and for that purpose it entered into negotiations with the Marshall Company for the purpose of inducing this company to take off its hands the mines of the Union Coal Company; that it was further induced to enter into this contract by the fact that the Marshall Company had succeeded to the rights of the former owners of the Marshall coal mines, and to their claim for damages against the Denver, chanrobles.com-red
Western and Pacific, and for the purpose of getting rid of the operation of the Union coal mines, and of settling this claim for damages, it entered into a contract with the Marshall Company on the 13th day of October, 1885, in which it was recited that, it being for the interest of the Union Pacific to discontinue the working of the Union coal mine and to contract with the Marshall Company for all the coal needed for its own consumption on its road and branches, not to exceed fifty thousand tons for the first year and one hundred thousand tons for every year thereafter, therefore in consideration of the Union Coal Company's going out of the coal business and the purchase from the Marshall Company by the defendant of the coal used for its own consumption at the rate mentioned therein, and in consideration of the rates for the transportation of coal therein agreed upon, the coal company agreed to furnish from the Marshall mine all coal ordered by the railway company for its own use and consumption, and the use of its branches, not exceeding fifty thousand tons the first year and one hundred thousand tons per annum thereafter, and to deliver all coal on board of the cars of the Union Pacific at the mouth of the mine at a price not to exceed $1.25 per ton, delivered and loaded on the cars, and, if such cost was less than $1.25 per ton, then at actual cost.
It was further agreed that the defendant should give to the Marshall Company for the transportation of its coal the regular tariff rate, not exceeding one dollar per ton, unless two hundred thousand tons should be mined and furnished for transportation yearly, in which case a rate of sixty cents cents per ton should be paid for all coal transported over defendant's line to Denver, and, if the rate were reduced below one dollar, then the sixty-cent rate should be reduced in the same proportion. It was also provided that if the railway company should order coal in excess of the amounts of fifty thousand and one hundred thousand tons per annum, then the railroad company should pay the cost of mining and putting such coal on the cars plus fifty cents per ton, except that in no case should the price for mining and loading such coal exceed $1.40 per ton, and it was further agreed that, as chanrobles.com-red
part consideration of the contract, the majority of the capital stock of such coal company should for two years be held, in case the company desired to sell it, and should first be offered to the Union Pacific in preference to any other purchaser. This contract was to remain in force for five years.
It was further alleged that from the fact that Mr. Adams, the president of the defendant company, was not intimately acquainted with the claim for damages made by the former owners of the Marshall mines, the contract failed to mention anything about the settlement of said claim, but that the contract was sent to the general attorney of the defendant, with instructions to look it over, and if anything further was needed to settle the controversy that might grow out of anything theretofore existing it should be provided for in a separate instrument, and thereupon the attorney prepared a bond of indemnity for execution by the coal company, reciting the claim for damages against the Denver, Western and Pacific, and agreeing to indemnify the railway company against any damages which might accrue to it by reason of such claim, and upon the execution of such bond, and as part of the transaction, the contract was delivered to the Marshall Company, and afterwards the former owners of said Marshall mines executed and delivered a receipt in full, discharging the defendant from all suits and causes of action existing by reason of any matter or thing pertaining to the construction of the Denver, Western and Pacific Railway Company. The answer further alleged that the defendant was informed and believed that it cost the Marshall Company, and would have cost the defendant if it had continued to operate through the Union Coal Company, at least $1.60 per ton to mine their coal, and that on account of the settlement of the aforesaid claims, and of the coal necessarily used by it, the Marshall Company has paid the defendant a higher rate, as a matter of fact, than one dollar per ton, although it was not intended that the rate should exceed the schedule price.
To this second defense, which was elaborately set forth in the answer, a demurrer was interposed by the plaintiffs chanrobles.com-red
and sustained by the court, 37 F.1d 2, to which the defendant duly excepted. Defendant thereupon, for a third defense, pleaded the statute of limitations, plaintiffs replied, and the case went to trial before a jury, which returned a verdict for the plaintiffs in the sum of $5,184.30, for which amount judgment was entered, and defendant sued out this writ of error.
MR. JUSTICE BROWN, after stating the facts in the foregoing language, delivered the opinion of the Court.
This case involves the construction of an act of the Legislature of Colorado passed in 1885, prohibiting railroads from charging one person or corporation a greater sum than it charges any other for a like service upon like conditions and under similar circumstances. The statute is of the same nature as the Interstate Commerce Act, and, like that, was designed to prevent unjust discrimination and extortion in rates for the carriage of persons and property.
1. The first assignment of error is taken to the ruling of the court sustaining the demurrer to the second answer of the defendant, in which it set up certain contracts with the Marshall Consolidated Coal Company, which were claimed to justify the rebate of forty cents per ton allowed to that company from the regular schedule rates, which the plaintiffs were compelled to pay. This defense set forth a very complicated series of facts, which, however, are susceptible of a condensed statement. It seems that the defendant, the Union chanrobles.com-red
Pacific, was the owner of a large part of the capital stock of the Union Coal Company, and had been for some time receiving from it coal for consumption upon its locomotives, when, on account of certain complaints made by the owners of other mines, it concluded that it was for its best interests to discontinue its connection with this company and to enter into negotiations with the Marshall Company for its supply of coal. These negotiations resulted in the contract of October 13, 1885, wherein the coal company agreed, on its part first, to furnish the railroad with all coal needed for its consumption, not exceeding fifty thousand tons the first year and one hundred thousand tons yearly thereafter, and to deliver the same on its cars at the mouth of the mine at cost, but in no case to exceed $1.25 per ton; second, that in case the railroad should order in excess of the above amount, the same should be furnished at cost, plus fifty cents per ton, but in no case should such cost exceed $1.40 per ton; third, that the railroad company should have the option for two years of taking a majority of the capital stock of the coal company, in preference to any other purchaser, should the coal company desire to sell the same.
The railway company, upon its part, agreed to go out of the business of mining coal, and to give the coal company the regular tariff rate to Denver of one dollar per ton, unless two hundred thousand tons were furnished for transportation each year, in which case a rebate of forty cents should be given, with a corresponding reduction in case the regular tariff was reduced below one dollar.
There were other subordinate covenants upon both sides, but they are not material to the consideration of this case. This contract was to remain in force for five years.
It is a sufficient reply to the whole defense set up in this part of the answer to say that the coal company was only to be allowed a rebate of forty cents per ton in case it furnished the railroad company two hundred thousand tons per year for transportation, and there is no allegation in the answer that it ever did furnish this amount or ever became entitled to the rebate. The want of such allegation is fatal to the contract chanrobles.com-red
as a defense, and the court, for this reason, if for no other, was right in sustaining the demurrer.
But we think the answer must be held insufficient for another reason. It is further stated that an additional consideration existed for this rebate in certain unliquidated claims for damages which the former owners of the Marshall mines had against the Denver, Western and Pacific Railway Company, the original constructors of the road, by reason of their negligently breaking into the mine during the construction of the road, setting it on fire, and thereby consuming a large amount of coal and personal property, for which claim suits were instituted against the railway company, and litigated at great expense for several years, and were still undetermined. There was also another claim for a right of way for one mile across their lands. These claims, Langford and others, who then owned the mine, sold and assigned to the Marshall Company with the property. The Denver, Western and Pacific Railway, which had done the injury for which the damages were claimed, was itself sold under foreclosure of its mortgage, and bought in by parties acting in the interest of the Union Pacific, who organized a new corporation, called the Denver, Marshall and Boulder Railway, leaving the claim of the Marshall Coal Company unadjusted and unpaid, and a lien upon the property. How this claim for unliquidated damages for the negligence of the railroad company became a lien upon the property of the company, and how such lien took precedence of the mortgage, and survived the foreclosure and sale of the property, and became a lien upon the road in the hands of the Denver, Marshall and Boulder Company, does not clearly appear, but admitting it to be still valid and outstanding, as alleged in the answer, the question still remains whether the defendant company can set up an unliquidated claim of this kind in defense of a rebate of forty cents per ton allowed the coal company over every other shipper on its road.
It will be observed in this connection that not only was the amount of the damages suffered by the coal company never fixed, agreed upon, or adjusted, but the amount of coal which chanrobles.com-red
the Marshall Company was at liberty to deliver to the railroad company for transportation was left equally indefinite, save only that it must exceed two hundred thousand tons per year to entitle it to the rebate. This contract was to remain in force five years, but, upon the theory of the defendant, there was nothing to prevent it being continued indefinitely, provided the defendant company was willing to accede to any amount of damages which the coal company might see fit to claim. While we do not undertake to say that a railroad company may not justify a fixed rebate in favor of a particular shipper by showing a liquidated indebtedness to such shipper, which the allowance of the rebate was intended to settle, it would practically emasculate the law of its most healthful feature to permit an unexplained, indefinite, and unadjusted claim for damages arising from a tort, which, though litigated for some time, never seems to have been prosecuted to a final determination in the courts, to be put forward as an excuse for a clear discrimination in rates. This act was intended to apply to intrastate traffic the same wholesome rules and regulations which Congress two years thereafter applied to commerce between the states, and to cut up by the roots the entire system of rebates and discriminations in favor of particular localities, special enterprises, or favored corporations, and to put all shippers on an absolute equality, saving only a power, not in the railroad company itself, but in the railroad commissioner, to except "special cases, designed to promote the development of the resources of this state," and not to prevent the railroad company
"from making a lower rate per ton per mile, in carload lots, than shall govern shipments in less quantities than carload lots, and from making lower rates for lots of less than five car loads than for single carload lots."
The statute recognizes the fact that it is no proper business of a common carrier to foster particular enterprises or to build up new industries, but, deriving its franchise from the legislature and depending upon the will of the people for its very existence, it is bound to deal fairly with the public, to extend them reasonable facilities for the transportation of their persons and property, and to put all its chanrobles.com-red
patrons upon an absolute equality. Scofield v. Railway, 43 Ohio St. 571; Sandford v. Railroad, 24 Penn.St. 378; Messenger v. Pennsylvania Railroad, 36 N.J.Law 407; McDuffie v. Portland &c. Railroad, 52 N.H. 430. So opposed is the policy of the act to secret rebates of this description that it requires a printed copy of the classification and schedule of rates to be posted conspicuously in each passenger station for the use of the patrons of the road, that everyone may be appraised not only of what the company will exact of him for a particular service, but what it exacts of everyone else for the same service, so that in fixing his own prices, he may know precisely with what he has to compete. To hold a defense thus pleaded to be valid would open the door to the grossest frauds upon the law and practically enable the railroad company to avail itself of any consideration for a rebate which it considers sufficient, and to agree with the favored customer upon some fabricated claim for damages, which it would be difficult, if not impossible, to disprove. For instance, under the defense made by this company, there is nothing to prevent a customer of the road who has received a personal injury from making a claim against the road for any amount he chooses, and in consideration thereof, and of shipping all his goods by that road, receiving a rebate for all goods he may ship over the road for an indefinite time in the future. It is almost needless to say that such a contract could not be supported.
There is no doubt of the general proposition that the release of an unliquidated claim for damages is a good consideration for a promise, as between the parties, and if no one else were interested in the transaction, that rule might apply here; but the legislature, upon grounds of public policy and for the protection of third parties, has made certain requirements with regard to equality of rates which in their practical application would be rendered nugatory if this rule were given full effect. For this reason, we think the railroad company is in error in its assumption that
"if, in the honest judgment of the officers of the defendant company who made the contract, the considerations which entered into it, and upon which alone it was
made, were sufficient to warrant the company to pay back to the Marshall Company forty cents per ton for each ton it shipped for five years, that is enough."
This is but a restatement, in different language, of a comment made by the court below in its opinion that
"the whole answer amounts only to this: that the Marshall Company is allowed less rates than other shippers are required to pay, upon considerations which are satisfactory to defendant, and it is obvious that this is no answer to a complaint of unlawful discrimination."
If reasons of public policy dictate that the schedule rates shall be posted conspicuously in each railway station, it is no less important that the customers of the road should have the means of ascertaining whether any departure from such rates in favor of a particular shipper is justified by the facts. Such a method is contemplated by the act in providing that no discrimination of this kind shall be made without the written approval of the railway commissioner. It was evidently designed to put it in the power of the commissioner to permit such discrimination to be made, possibly in a case like the present one, if, in his opinion, the circumstances seem to warrant it.
2. The second assignment of error is taken to the admission of certain letters of Taggart and Kimball.
Upon the trial of the case before a jury, the plaintiffs gave evidence tending to show that the Jackson Coal Company was operating mines at Canfield, thirty-six miles from Denver, and was charged by defendant $1 per ton for transportation, and that another railroad company, which ran across the mine, charged the same rate. There was also testimony showing the amount shipped by plaintiffs over defendant's road to have been 12,961 tons, for which they paid one dollar per ton. Plaintiffs thereupon called E. R. Taggart, who resided in Denver and had been engaged in the coal trade for several years selling the product of the Fox Coal Company, which shipped its coal at the same station as the Marshall Company, and was charged $1, and who testified that upon information received by him of the rebate allowed to the Marshall Company, through the proceedings of a commission appointed to chanrobles.com-red
investigate the affair, he wrote to the president of the defendant, and also to T. L. Kimball, the general traffic manager and official head of the defendant company. The letter to Kimball, with the reply, was objected to upon the ground that, the demurrer to the second answer having been sustained, any statement of the way in which the defendant acted relating to that defense was immaterial, irrelevant, and incompetent, which objection was overruled, and defendant excepted. The letter from Kimball to the witness Taggart purported to be a reply to a letter from Taggart to the president of the road, and stated generally that the contract with the Marshall Company was made under circumstances entirely dissimilar to those existing between the Fox Company and the Union Pacific, and in consideration of the company's furnishing the railroad coal for its own use at not exceeding $1.25 per ton, and also in compromise and settlement of a claim against the company for some sixty-odd thousand dollars. Taggart's reply thereto, dated August 20, 1887, stated the claim from his standpoint, and that he had been advised by the very highest legal sources that the contract was without warrant and clearly in violation of law, and further insisted upon his claim for the repayment of forty cents per ton. If there were any objection to the admission of Kimball's letter upon the ground that the letter to which it was a reply was not produced, that objection was met by the production of that letter upon cross-examination -- a letter which appears to have been written July 25, 1887, to Mr. Adams, president of the road at Boston. The witness stood in the same position as the plaintiffs with respect to defendant, and had also brought suit against it to recover the same rebate which had been allowed to the Marshall Company, and which plaintiffs were suing to recover in this case. Assuming the correspondence to have been between different parties, and therefore irrelevant, it is not easy to perceive how it could have prejudiced the defendant, as Kimball's letter was a mere iteration of the defense set up in the answer, and put forward at the trial, and Taggart's reply thereto, if irrelevant, was not improper or prejudicial to the defendant. If the witness had had an oral chanrobles.com-red
conversation with Mr. Kimball, the manager of the defendant company, there can be no doubt that such conversation, and the whole of it, would have been admissible, as both Taggart's claim and defendant's stood precisely upon the same footing, and if this demand and refusal, instead of being oral, was by correspondence, it would seem to be equally admissible. As Kimball's letter stated clearly the position of the defendant with regard to both these claims, it is difficult to see how it could be prejudiced by its production.
3. The third, fourth, and fifth assignments of error are taken upon the same ground to the action of the court in refusing to allow the witnesses Taggart and Rubridge to testify as to what it cost to get out coal, and put it on the cars at the Marshall mine, and in ruling out testimony showing that by reason of such cost the Marshall Company actually paid at least $1 per ton for coal carried by defendant.
At the time witness Taggart was asked this question, the case stood in this position: a demurrer to the second answer of the defendant, setting up its excuses for the rebate, had been sustained, and the case set for trial upon the complaint and the denials -- in other words, upon the general issue. Plaintiffs had shown that they, as well as the Jackson and Fox Coal Company, had paid $1 per ton, and had shown the rebate paid to the Marshall Company, but the contract had not been put in evidence, though the witness Taggart had sworn that he knew
"that defendant set up in bar of plaintiffs' claim a contract they had with the Marshall Company in consideration of the Marshall Company supplying them with coal at a given price -- much below the price at which they could mine it, or get it out of the mines -- and further, in settlement of an old lawsuit they had,"
and the record then states, in a very blind way, that
"the witness gave further testimony showing that Kimball's testimony as to its own uses, and not exceeding $1.25 per ton, which was then costing plaintiffs and others about $1.50 to mine, and commercial coal at not exceeding $1.40 per ton at a time when other producers asked $1.60 per ton -- that was making a difference of from twenty to twenty-five cents per ton on
every ton of coal than what it cost."
Defendant's counsel here asked: "As a matter of fact, do you know what it did cost to get out a ton of coal, and put it on cars at the Marshall or Fox mine?" This was clearly immaterial, as it was no excuse for a rebate that the coal cost more or less. The right of a railroad to charge a certain sum for freight does not depend at all upon the fact whether its customers are making or losing by their business.
The next witness, Robert H. Rubridge, who had been the treasurer and assistant secretary of the Marshall Company, testified that from November 1, 1885, to August 1, 1887, there was shipped from the Marshall mine to Denver 67,863 tons, upon which a rebate of forty cents per ton was allowed. Upon cross-examination, he testified that that rebate was allowed in consideration
"of our giving an indemnity bond. Our company gave an indemnity bond protecting the Union Pacific from all claims on account of a damage suit against them, amounting to about $65,000, for which they had attachments on some of the rolling stock and ties and half a mile of track of the Denver, Western and Pacific. . . . We were to give them coal at cost for the company's use, but not to exceed at any time $1.25 per ton, and also to give them coal for commercial use at not exceeding $1.40 per ton -- that is, for Kansas, but not for Denver."
This oral testimony with regard to the contract was objected to by plaintiffs' counsel on the ground that the written contract should be produced -- an objection which was overruled by the court. There was evidently an attempt here to obtain from the witness a statement of so much of the contract as was favorable to the defendant, and at the same time not to put it in evidence, since the contract would show on its face that the coal company was not entitled to any rebate unless it furnished the railroad company two hundred thousand tons per annum for transportation -- a far larger amount than it did actually furnish. It further appeared that the contract establishing the price of coal was not lived up to, as the railroad company was paying anywhere from $1.25 to $1.75 per ton. The witness was then asked how much it cost to get chanrobles.com-red
out coal and to put it on the cars for the use of the Union Pacific in its engines and also for its commercial use in Kansas.
The answer to this question, as well as the proposal of the defendant to show by the witness that the cost of getting out the coal, which they were obliged to furnish the Union Pacific under the contract, was largely in excess of what they got, was properly ruled out. The relations between the defendant and the Marshall Company were fixed by their written contract, and under that contract, the railway company was entitled to a certain amount of coal at $1.25 per ton regardless of cost, and the Marshall Company was not entitled to a rebate unless they furnished two hundred thousand tons per annum for shipment. This testimony could only have been offered to show that the company was losing money in furnishing the coal at $1.25 per ton, and therefore that the discrimination in their favor by the railroad company was not unjust. But the court, having sustained the demurrer to the answer setting up this contract upon the ground that it constituted no defense, could not consistently have permitted the defendant to introduce oral testimony of such contract for the purpose of enabling it to rely upon such stipulations as were thought to be favorable to itself. The witness had stated, in answer to the question why the rebate of 40 cents per ton was allowed, that the consideration for doing this was in writing. Plaintiffs' counsel thereupon objected to the proposed oral evidence of the contract as incompetent, and while this objection, though it seems to us to have been well taken, was not sustained, and the witness was permitted to give certain of its stipulations, the court was at liberty at any time to put a stop to this character of testimony or to rule out any further questions based upon it. The whole case virtually turned upon the demurrer to that portion of the answer setting up this contract. This demurrer having been sustained, the defendant should not have been allowed, in this indirect way, to obtain the advantage of certain stipulations included in the contract.
4. The sixth assignment, that the court erred in refusing to chanrobles.com-red
receive in evidence the release of the Marshall Company to the defendant company, cannot be sustained, for the same reason. This release, a copy of which is given in the record, was given by the Marshall Coal Mining Company and by Langford and Marshall, the previous owners of the mine, to the defendant railway company, releasing it from
"all actions and causes of action, suits, controversies, claims, and demands whatsoever for or by reason of any cause, matter, or thing arising out of the construction of any railroad across the property of either of us in Boulder and Jefferson counties, Colorado."
It is obvious, upon the principles hereinbefore stated, that this release was altogether too vague and general to serve as a basis for making the rebate to the Marshall Company.
After some other testimony as to prices paid by other companies, and of unsuccessful efforts made to ascertain why the Marshall Company was given lower rates than its competitors, the plaintiffs rested. The defendant put in no testimony, and the case was committed to the jury, who returned a verdict for $5,481.34.
5. The seventh and last assignment of error was to the action of the court in refusing to grant a new trial and in entering a judgment on the verdict because there was no sufficient evidence to support the verdict, and especially to sustain it as to the amount of damages. Plaintiffs' evidence had shown that the Marshall Company had been receiving a rebate upon all coal transported by it to Denver, which was not allowed to its competitors in business, and the damages sustained by the plaintiffs were measured by the amount of such rebate, which should have been allowed to them. The question whether they lost profits upon the sale of their coal by reason of the nonallowance of such rebates was too remote to be made an element of their damages. They were entitled to the same terms which the Marshall Company would have received, and damages to the exact extent to which the Marshall Company was given a preference.
There was no error in the action of the court below, and its judgment is therefore
* Constitution, Art. XV, Sec. 6:
"All individuals, associations, and corporations shall have equal rights to have persons and property transported over any railroad in this state, and no undue or unreasonable discrimination shall be made in charges or in facilities for transportation of freight or passengers within the state, and no railroad company, nor any lessee, manager, or employee thereof, shall give any preference to individuals, associations, or corporations in furnishing cars or motive power."
Session Laws of Colorado, 1885, page 309:
"SEC. 7. (Unjust Discrimination.) No railroad corporation shall, without the written approval of said commissioner, charge, demand, or receive from any person, company, or corporation, for the transportation of persons or property, or for any other service, a greater sum than it shall, while operating under the classification and schedule then in force, demand or receive from any other person, company, or corporation for a like service from the same place, or upon like conditions and under similar circumstances, and all concessions of rates, drawbacks, and contracts for special rates shall be open to and allowed all persons, companies, and corporations alike at the same rate per ton per mile upon like conditions and under similar circumstances, except in special cases designed to promote the development of the resources of this state, when the approval of said commissioner shall be obtained in writing,"
"SEC. 8. (Extortion.) No railroad corporation shall charge, demand, or receive from any person, company, or corporation an unreasonable price for the transportation of persons or property, or for the handling or storing of freight, or for the use of its cars, or for any privilege or service afforded by it in the transaction of its business as a railroad corporation, and not specified in the classification and schedule prepared and published by such railroad corporation. The superintendent or other chief executive officer of each railroad in this state shall cause to be kept posted up in a conspicuous place in the passenger depot in each station where passenger tickets are kept for sale, a printed copy of the classification and schedule of rates of freight charges then in force on each railroad, for the use of the patrons of the road. Any railroad company violating any of the provisions of this section shall be deemed guilty of extortion, and be subject to the penalties hereinafter prescribed."
"SEC. 9. (Penalty.) Any railroad corporation that shall violate any of the provisions of this act as to loading points, freight cars, unjust discrimination, or extortion, shall forfeit, in every such case, to the person, company, or corporation aggrieved thereby, three times the actual damage sustained or overcharges paid by the party aggrieved, which triple damages shall be adjudged to be paid, together with the costs of suit, and a reasonable attorney's fee, to be fixed by the court, and taxed with the costs."


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Question Creation module
Question Creation module | |
Type | Activity |
Set | N/A |
Downloads | https://moodle.org/plugins/view.php?plugin=mod_qcreate |
Issues | Tracker issues |
Discussion | Quiz Forum |
Maintainer(s) | Jean-Michel Vedrine |
Concept of Question creation activity Module
The Question Creation Activity is a graded activity where students must create questions in the Moodle question bank. A teacher grades the questions.
The students get a grade for the questions they create.
You can specify a percentage of the grade to be automatically assigned depending on how many of the required questions the student creates and the rest of the grade awarded to the student to be dependent on the grade a teacher assigns for the questions created.
This module was originally created in 2008 for Moodle 1.9 by Jamie Pratt with funding from Future University Hakodate http://www.fun.ac.jp/e/
The module was originally conceived and partially designed by Peter Ruthven-Stuart from Future University - Hakodate.
It has been migrated to Moodle 2.x-versions by gtn gmbh (global training network ltd. - http://gtn-solutions.com, http://www.exabis.at It was upgraded to Moodle 2.7 and enhanced by Jean-Michel Vedrine (email email@example.com).
Moodle versions and language packs available
WARNING: This version will only work with Moodle 2.7 and later. It will not work with previous versions of Moodle.
As of January 27th 2018, this module has the following available translations:
- Basque (eu)
- Chinese (Traditional/Big5) (zh_tw)
- French (fr)
- German (de)
- Portuguese (Brazil) (pt_br)
- Português (pt)
- Serbian (Cyrillic) (sr_cr)
- Serbian (Latin) (sr_lt)
- Spanish - Mexico (es_mx)
This module is hosted in the Moodle plugins database, or you can download it from the author's Github at https://github.com/jmvedrine/moodle-mod_qcreate.
Installation is as for any other Moodle activity modules. You need to unzip the plugin's zip archive in {yourmoodleroot}/mod/ then click on Site Administration->Notifications to install the module.
For instructions for downloading and installing a Moodle module see the documentation.
IMPORTANT: Make sure you have set up Cron properly on your server. You can check it is set up properly by visiting Site Administration. A message will appear if Cron is not working.
This module use scheduled tasks. You can manage the scheduled tasks used by this module going to Site Administration -> Server -> Scheduled tasks
Since Moodle 2.7 and the introduction of scheduled tasks the recommended interval between Cron executions is 1 minute, see Scheduled tasks . The creation activity rely on scheduled tasks to upgrade grades and, more importantly, to update students capacities on question categories. If the Cron is not working properly, your students will not be able to create any question and they will receive an error message when they try to do so.
Steps to follow to set-up module
Below are some steps with snapshots that teacher can follow in order to create a new Question creation activity.
Teacher side
Step 1
First step for any teacher is to create an instance of module.
Step 2
After the instance for the question creation module has been created, teacher is redirected to setting form for that instance. The setting form contains some general options like name, introduction and behaviour. It also contains settings specific to that activity:
- Availability, You can choose to have an open and/or close date and time for the activity
- Grading, you can choose the activity's grade, the ratio between automatic/manual grading
- automatic grading is calculated from the number of question created by the student vs the number of questions students must create (entered in the "Total question graded" field) this part of the grade is just for making questions, it doesn't depend on the question quality at all
- manual grading is calculated from the grades awarded to questions created by the student by teachers
- Graded question types determine the types that will be available to students (by default only multichoice questions are allowed) . If you choose "Allow all questions", students will be able to create questions from all installed question types.
Random questions and Random short-answer matching questions are never allowed because they are not "real" questions but just use other questions so it would not be fair to consider them as created questions.
- Total question graded is the number of questions (form any allowed question types) that students must create
- Required Number of Question of Type (optional)
Here you can specify if you want a minimum number of questions of some of the allowed question types that students must create
- Student question access
Here you can specify student's rights on their own created questions (create only, preview, preview and view, save as new, preview, view/save, edit and delete).
It is important to note that using the question creation activity means that when creating their questions, students have exactly the same capabilities that a teacher. It is also worth noting that if you choose "create only", student will not be able to preview their created question to see if they work correctly.
- Notifications
You can choose if teachers will be notified when a new question is created and if students will be notified when one of their questions has been graded by a teacher. Note that if you allow students to edit their own questions, then in the grading view questions that have been edited since you last graded them will be marked as needing regrading. Students cannot edit their questions after the activity has closed though.
You may want to grade all questions once before the activity closes and allow students a chance to edit their questions after you have graded and commented on their questions and then regrade any questions that have been edited.
Student Side
Once the activity is open, if a student go to the activity page, the student will see a link for each allowed question type.
Clicking on one of these links the student will see the usual interface to create a question of that type
New features in this version
- activity completion with a fixed number of created questions
- optional notifications for the teachers of new created questions
- optional notifications for the students of new graded questions
- Scheduled tasks for synchronization of students capacities on questions and for grades updates (Warning! you must absolutely have the Moodle Cron working to use this module)
How to export questions created by students
As this module needs to give some rights to students so they can create questions (and optionally edit, delete, these questions according to the activity settings), all the questions created during a Question creation activity belongs to a category named "Default for (name of the question creation activity)". But teacher can export all or some of these questions to import them in another category of the question bank and use them in quiz for instance
Choose "Export Good" in the Module Administration menu.
Choose if you want to export all questions or only questions with a grade above some value.
Choose the File format for the export file (Moodle XML format is the recommended format).
Click on "Export questions to file".
See also
- Moodle Tip: Get your students to create quiz questions
- If you want your students to be able to create quizzes with their questions and other students to attempts these quizzes and evaluate them, see the StudentQuiz Moodle module

subset: commoncrawl


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- Home
- Government
- Departments
- Library
- How Do I?
- Learn More About the Library
Learn More About the Library
Our Mission Statement
Deer Park Public Library strives to deliver exemplary educational and recreational resources and programs that enrich and strengthen literacy, love of reading, and lifelong learning opportunities to provide our community with a high quality of life consistent with our history, culture and unique character.
Long Range Plan
The Long Range Plan gives a snapshot of the library, its current condition, and its long range vision for better serving the community.
History of the Library
The first Deer Park Public Library opened its doors on September 20, 1961 at 2222 Kingsdale in a wood frame recreation building that had previously been a fire station. On January 7, 1965, the library was made an official department of the city of Deer Park. A Library Board of Trustees was selected on January 13, 1965 to choose a site for a new building and, ten months later, had obtained a centrally located five-acre library site at P Street and Center.
City Council approved plans for a new library on February 6, 1968 and groundbreaking ceremonies took place on March 29, 1968. The Deer Park Public Library opened its doors at 3009 Center on February 25, 1969 with a full time staff of nine.
In 1993, the Deer Park Public Library underwent an expansion project. The expansion added additional public space to the existing building, including a meeting room, public restrooms, and space to house additional materials.
Our Library Today
On February 6, 2012, construction began on the Deer Park Public Library renovation/expansion project. This project was approved by the voters as part of a General Obligation bond election in September of 2000. After months of construction and several planned closures, the library held its grand opening celebration on April 4, 2013.
The addition to the building added 6,300 square feet, bringing the total square footage to 18,800. The project provides a new meeting room, meeting room preparation pantry, children's reading area, children's librarian's workroom, and a family restroom. The Reading Tree, provided by the Friends of the Deer Park Public Library, sits proudly in the children's reading area, welcoming young patrons and families.
The existing public space has been renovated to create a tech lab, small conference room, teen reading area, and a quiet study room. The additions to the library help the facility and staff meet the growing needs of our users.
Contact Us
Rebecca Pool
Director of Library Services
3009 Center St.
Deer Park, TX 77536
Phone: 281-478-7208
Fax: 281-478-7212
Monday - Wednesday
10 a.m. - 6 p.m.
Tuesday & Thursday
10 a.m. - 8 p.m.
10 a.m. - 5 p.m.Saturday
12 p.m. - 5 p.m.


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Multi-Family Dwelling Licenses
The Village operates a licensing and inspection program for all multi-family residential properties. All multi-family dwellings in the Village must be licensed and undergo interior and exterior inspections.
Property Maintenance
Schiller Park has established minimum standards for all properties within the Village in order to protect the health, safety, and welfare of residents, business owners, and visitors. The Property Maintenance Program is available to help residents understand how to comply with these standards.
Public Health
Find information regarding the Village Health Board, semi-annual health inspections in restaurants and retail food service establishments, and other services related to health and sanitation.
Reduced Pressure Zone
Safe drinking water is federally mandated and regulated by the Environmental Protection Agency, as well as the 2014 Illinois Plumbing Code. A reduced pressure zone device is designed to prevent the reverse flow of polluted water from entering the drinking water system.
Sewage Backflow Prevention
There are two devices that may assist homeowners in reducing the amount of excess water in their pipes and basements: overhead sewers and check valves. Find out what the best option is for your home, and how to apply for this program.
Crime Free Housing Program
Community Development Department
Physical Address
9526 W. Irving Park Road
Schiller Park, IL 60176
Phone: 847-678-2550
Monday - Friday
9 a.m. - 5 p.m.
* Administrative Staff for Community Development are Now Located at the Village Hall *


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New Parallelization Technique Boosts Ability To Model Biological Systems
[ubermenu config_id="main" menu="84″] NEWSROOM New Parallelization Technique Boosts Ability To Model Biological SystemsJun 9, 2011 Researchers at North Carolina State University have developed a new technique for using multi-core chips more efficiently …
June 9, 2011 NC State ECE
New Parallelization Technique Boosts Ability To Model Biological Systems
Researchers at North Carolina State University have developed a new technique for using multi-core chips more efficiently, significantly enhancing a computer's ability to build computer models of biological systems. The technique improved the efficiency of algorithms used to build models of biological systems more than seven-fold, creating more realistic models that can account for uncertainty and biological variation. This could impact research areas ranging from drug development to the engineering of biofuels.
Computer models of biological systems have many uses, from predicting potential side-effects of new drugs to understanding the ability of plants to adjust to climate change. But developing models for living things is challenging because, unlike machines, biological systems can have a significant amount of uncertainty and variation.
"When developing a model of a biological system, you have to use techniques that account for that uncertainty, and those techniques require a lot of computational power," says Dr. Cranos Williams, an assistant professor of electrical engineering at NC State and co-author of a paper describing the research. "That means using powerful computers. Those computers are expensive, and access to them can be limited.
"Our goal was to develop software that enables scientists to run biological models on conventional computers by utilizing their multi-core chips more efficiently."
The brain of a computer chip is its central processing unit, or "core." Most personal computers now use chips that have between four and eight cores. However, most programs only operate in one core at a time. For a program to utilize all of these cores, it has to be broken down into separate "threads" – so that each core can execute a different part of the program simultaneously. The process of breaking down a program into threads is called parallelization, and allows computers to run programs very quickly.
In order to "parallelize" algorithms for building models of biological systems, Williams' research team created a way for information to pass back and forth between the cores on a single chip. Specifically, Williams explains, "we used threads to create 'locks' that control access to shared data. This allows all of the cores on the chip to work together to solve a unified problem."
The researchers tested the approach by running three models through chips that utilized one core, as well as chips that used the new technique to utilize two, four and eight cores. In all three models, the chip that utilized eight cores ran at least 7.5 times faster than the chip that utilized only one core.
"This approach allows us to build complex models that better reflect the true characteristics of the biological process, and do it in a more computationally efficient way," says Williams. "This is important. In order to understand biological systems, we will need to use increasingly complex models to address the uncertainty and variation inherent in those systems."
Ultimately, Williams and his team hope to see if this approach can be scaled up for use on supercomputers, and whether it can be modified to take advantage of the many cores that are available on graphics processing units used in many machines.
The paper, "Parameter Estimation In Biological Systems Using Interval Methods With Parallel Processing," was co-authored by NC State master's student Skylar Marvel and NC State Ph.D. student Maria de Luis Balaguer. The paper was presented at the Workshop on Computational Systems Biology in Zurich, Switzerland, June 6-8.
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Signs Your Roof Is Sagging and How to Fix It
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ALA offers a variety of continuing education classes to help librarians and library workers stay current with new developments in service delivery to patrons. Our courses will help you hone your skills on a range of topics from designing interactive programs for children or young adults, to conducting an effective reference interview to preparing a disaster response plan for your collection. No matter what your area of expertise or level of knowledge, we offer a course to help you continue to develop and grow in the profession.
Back to ALA Online Learning homepage--or contact us with questions at email@example.com.


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Photo from the Exxon Valdez oil spill in Alaska.
Labor Day represents the end of summer-- and nothing says summer quite like a trip to the beach. At the beginning of summer, my family spent a few wonderful days exploring the beaches lining a small South Carolina coastal town. Enjoying the catch of the day at a local crab shack, we gazed at a sign across the road at a grocery store that pleaded "Don't ruin our ocean with sonic cannons." As we talked to long -time residents, we were struck by the deep concern they have that drilling for oil offshore would kill this community's tradition of great seafood, clean beaches, and sea turtle nesting.
Recently the Obama administration opened up the waters off the Atlantic coast to seismic testing, the first step towards offshore drilling. Opening up pristine areas of the Atlantic, Pacific and Arctic Oceans for drilling is being proposed in the Obama Administration's new five year Outer Continental Shelf Oil & Gas Leasing Program. New offshore drilling not only threatens our communities and beaches, it also severely undercuts President Obama's plans to fight climate disruption.
The planet is heating up, from the burning of fossil fuels like oil and gas. Though President Obama and this Administration have done more to combat climate disruption than any other president, true progress can't be made if offshore drilling is expanded. If we are serious about avoiding the catastrophic impacts of climate disruption, we have to keep dirty fuels like oil and gas in the ground and scrap any plans that would allow new offshore drilling off of our coasts.
Oil and gas from new offshore drilling dumps more carbon pollution into the air, increasing sea level rise that destroys coastal communities and beaches. More major cities such as New York will flood – as we saw during super storm Sandy -- as well as other cities such as Miami, Norfolk, New Orleans, and Boston. The Everglades and the marshes of Louisiana will melt into the Gulf of Mexico. The Florida Keys, North Carolina's Outer Banks, barrier islands from New Jersey to Florida, and beaches across America could simply disappear. Some communities, like those in Norfolk, are already dealing with increased flooding from rising seas.
New offshore drilling threatens our coastal economies. Every summer millions of Americans vacation at our coasts and beaches. They spend time with their families, and spend billions of dollars supporting coastal economies that create millions of jobs. Those jobs depend on clean, healthy beaches that could be lost to a single accident.
Image from the Exxon Valdez oil spill in Alaska.
Drilling means spilling. True recovery after a devastating oil spill is a myth spun by Big Oil. The Gulf of Mexico has still not recovered from the 2010 BP Deepwater Horizon disaster; oil continues to wash ashore on Gulf beaches; commercial fisheries and marine populations have not rebounded.
Opening new areas such as the South Atlantic for offshore drilling sets us up for more devastating oil spills and ties our nation into the dirty energy of the past.
Currently, there is no offshore drilling infrastructure on the east coast of the United States. Even if new leases are issued as early as 2017, it will take at least 15 years to develop the facilities - first exploratory rigs that are replaced by permanent drilling rigs, pipelines, support vessels and ports, etc. – to exploit any commercially recoverable oil or natural gas. That will mean that development of fossil fuels off the coast of Virginia or South Carolina would lock us into dirty fuels for the next twenty years and likely much longer.
This is not the legacy that the President, or we as Americans, should leave behind. New fuel economy standards and cleaner power plant rules are important and positive steps towards cleaning up our energy and combating climate disruption. However, to truly combat climate disruption, the President must also protect our coasts and beaches from oil drilling. Put the Atlantic, Pacific, and Arctic Oceans off-limits to offshore drilling and leave those dirty fuels in the ground.
-- Dan Chu, director of the Sierra Club Our Wild America campaign


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Beauty and her beast . . .
Viscount Nicholas Stoneworth is infamous--even being mentioned in the same breath with him is enough to ruin a lady's reputation. Why, the man's spent years in London's underworld pursuing every sort of vice while parlaying his hard muscled body into fame and fortune as a fighter With his brother's untimely death, Nicholas must assume the title and relearn the civilized ways of the ton . . . and proper Jane Fenton is more than willing to teach him everything she knows.
Circumstances may have forced Jane into the role of ladies' companion, but she knows the danger of associating with a notorious man like Nicholas, a man who could tempt any woman into certain scandal. But her brother disappeared into the same underworld four long years ago, and if she transforms the libertine into a gentleman, he will use his connections to find him. Still, Jane will not--cannot--lose control. She must ignore the promise of sinful pleasure in his eyes . . . and her own wild desires desperate to break free.
- Publisher: Avon Books
- Publish Date: March 2009
- Dimensions: 6.94 x 4.16 x 1.06 inches
- Shipping Weight: 0.4 pounds
- Page Count: 384
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BJP begins to play 'Hindutva' card as it fights for survival in the state it rules.
NEW DELHI, July 29 (Compass Direct News) -- As elections approach in Madhya Pradesh state, Christian leaders say their community is increasingly targeted as part of an effort by the Bharatiya Janata Party (BJP) to consolidate Hindu nationalist (Hindutva) votes.
"This year alone, since January we have recorded 35 major incidents of atrocities against the Christian community,†Father Anand Muttungal, spokesman for the Catholic Bishops' Conference of Madhya Pradesh, told Compass. "When we talk of major incidents, we do not count minor incidents like cases of harassment, beatings, attacks on church halls and filing false cases against Christian workers.â€
Fr. Anand Muttungal added that "quite alarming†major incidents of violence have numbered more than 150 since the BJP came to power in the state in 2003.
With elections scheduled for December, the Hindu extremist BJP already has begun saber-rattling against the Christian community, drawing sharp reactions from church leaders.
On June 22, Fr. Anand Muttungal sent a legal notice to the state president of the youth wing of the BJP, Vishwas Sarang, asking him to apologize for "irresponsible comments†that missionaries were engaging in large-scale conversion activities in Madhya Pradesh. Sarang's comments triggered threats and demonstrations against area Christians.
Sarang reportedly had issued the comments at a press conference in Indore, a commercial hub close to Bhopal, the state capital. There Archbishop Leo Cornelio reportedly said the comments could "tarnish the good image of the church.â€
Indira Iyengar, a former member of the Madhya Pradesh State Minority Commission, agreed that atrocities against Christians have escalated since the BJP came into power in the state in December 2003.
"As elections draw closer,†she told Compass, "the BJP, which is used to segregating masses on religious lines and attacking minorities, even physically, will do so even more and would like to show Hindus that they are the only saviors of Hinduism, and that if they do not protect the Hindus, they will all become Christians or Muslims.â€
Iyengar expressed her fear in doleful terms. "If the BJP wins the coming election, there is no hope for the minority communities.â€
Discouraged but Not Defeated
Such discouragement is understandable. On June 15, around 25 people shouting Hindu chants entered the Believers Church in Rewa district, dragging out and beating pastor Rampal Masih.
The attackers were accompanied by the police, who watched as the pastor was beaten, and then warned him against leading further worship in the village. Officers threatened to arrest him if he did so again.
On July 3, police forcibly entered the premises of David Vinayagam, a Christian social worker who has run a children's home in Katni district since 2006, questioning him and searching the facility without search warrant. They arrested Vinayagam, leaving his family and the young ones from the children's home in chaos.
Police charged Vinayagam with forced conversion and also detained and beat his colleagues without charging them. Media have portrayed Vinayagam and his organization in bad light, though local residents say the children's home serves the area well.
Subsequently, police forcibly transferred all 26 children from the home to a government-run children's home with a capacity for only eight to 10 residents. Unfed and badly treated, the children received visits and "counsel†from Hindu extremists from the BJP and Rashtriya Swayamsevak Sangh (RSS) urging them to testify against Vinayagam.
Separately, on June 28 police accompanied by RSS and BJP workers disrupted a worship service, manhandling and arresting pastor Hatey Singh Rawat. He was charged with hurting religious sentiments of Hindus. Police used sticks to beat members of the congregation who tried to protest the arrest of the pastor.
On May 15, intolerant Hindus armed with hockey sticks, bats and stones attacked the Novitiate of the Presentation Sisters at Bhopal. They beat two novices and destroyed property, causing a damage of US$2,333.
Election Strategy
Fr. Anand Muttungal said these incidents "are a technique to polarize the votes. They [BJP and affiliates] want to threaten the Hindu community that Christians are going ahead of them.â€
When Christians file First Information Reports over the atrocities against them, police usually do not arrest the BJP and RSS workers, and when they do, they usually file no formal charges against them, he said.
Dr. John Dayal, secretary general of the All India Christian Council, told Compass that victimization of all marginalized communities has increased this year.
"The BJP thinks that by doing this they can consolidate the Hindu votes, which is not true,†he said. "Time and again the past has proved this.â€
Another reason the BJP is compelled to "play the Hindutva card,†sources said, is the significant threat that Bharatiya Janashakti Party chief Uma Bharati poses. She had led the BJP to a 75 percent majority government in 2003 and was its first Chief Minister, but on July 18 Bharati, who has almost a fanatic fan following, ruled out returning to the BJP.
While general elections aren't due until 2009, many BJP-ruled states will hold elections later this year, with the BJP concentrating especially on Madhya Pradesh, Chhattisgarh and Rajasthan states.
History of Intolerance
Madhya Pradesh has a Christian population of 170,381, only 0.3 percent of the total in the state, according to the 2001 census. The state's history of religious intolerance runs deep, with an "anti-conversion†law passed in 1968 that has served as a pretext for harassing Christians.
Anti-Christian violence rocked Jhabua district after the body of a 9-year-old girl called Sujata was found in one of the Christian schools in the district on January 11, 2004. Although a non-Christian confessed to the crime, Hindu extremists used the event to justify various attacks against the Christian community.
Abuses became so rampant in 2005 and 2006 that the National Commission for Minorities (NCM) sent a fact-finding team to Madhya Pradesh and Chhattisgarh in June 2006. Investigators found that Hindu extremists had frequently invoked the state's anti-conversion law as a means to incite mobs against Christians and have Christians arrested without evidence.
"The life of Christians has become miserable at the hands of miscreants in connivance with the police,†the NCM said in its report. "There are allegations that when atrocities were committed on Christians, the police remained mere spectators, and in certain cases they did not even register their complaints.â€
Copyright © 2008 Compass Direct News


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Texas Rep. Files Bill to Protect 'Christmas' in Schools
As atheist groups are known for suing public schools each winter season for displaying Christmas cheer or using greetings like "Merry Christmas," a state representative from Texas, Dwayne Bohac, has filed a bill that would free schools from such concerns.
"During this time every year, I hear from numerous constituents who believe the words 'Merry Christmas' or 'Happy Hanukkah' should be protected and not subject to censorship in our public schools," Bohac, a Republican from Houston, said in a statement about his "Merry Christmas Bill" to protect traditional holiday greetings and displays in Texas public schools.
"These parents and educators want the freedom to decorate Christmas trees, use traditional holiday greetings, display Menorahs and generally celebrate these traditional winter holidays on school grounds," Bohac explained. Calling the bill "common-sense legislation," he said it tracks Supreme Court precedent which has made it clear that "such expressions and displays are, indeed, permissible."
The H.B. 308, filed on Wednesday, states that a school district "may educate students about the history of traditional winter celebrations, and allow students and district staff to offer traditional greetings regarding the celebrations," including "Merry Christmas, Happy Hanukkah, and happy holidays."
It adds that a school district may also "display on school property scenes or symbols associated with traditional winter celebrations, including a menorah or a Christmas image such as a nativity scene or Christmas tree," provided the display includes a scene or symbol of more than one religion or one religion and at least one secular scene or symbol.
The bill also clarifies that a display relating to a traditional winter celebration "may not include a message that encourages adherence to a particular religious belief."
Bohac said he thought of protection for public schools after his son in the first grade came home from school and talked about a "holiday tree" and "holiday ornaments." This prompted the lawmaker to speak to school officials.
"After inquiring with school officials as to why the term 'holiday tree' was being used, it became apparent that the school was fearful of litigation," Bohac said. "It was that moment that inspired me to file legislation that would provide students, parents, teachers and administrators a safe harbor for openly celebrating a federal holiday."
In October, Texas Gov. Rick Perry and Texas Attorney General Greg Abbott backed a group of cheerleaders in the eastern town of Kountze where the students won the right to display banners with religious references at football games. Perry and Abbott said at a news conference that state law protects the students' speech, citing the Religious Viewpoint Antidiscrimination Act of 2007. A judge later allowed the banners.
The landmark U.S. Supreme Court cases of Lynch v. Donnelly, and County of Allegheny v. ACLU, have established that it is permissible for a governmental entity to acknowledge Christmas for historical and cultural purposes as a traditional winter celebration and as a national holiday.
"Our school officials and teachers have enough on their plate without having to worry about frivolous lawsuits for celebrating Christmas and Hanukkah," Bohac said. "It's my intent to offer protection for school officials and teachers by codifying Supreme Court precedent and providing 'bright lines.'"


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Eating fish in amounts comparable to those of people living in Japan seems to impart a protective factor that wards off heart disease, revealed by researchers.
Middle-aged Japanese men living in Japan had lower incidence of coronary artery calcification, a predictor of heart disease, than middle-aged white men living in the United States, likely due to the significantly higher consumption of omega-3 fatty acids found in fish.
"Multiple studies have looked at the effect of fish oil on cardiovascular health, with mixed results," said lead author Akira Sekikawa, M.D., Ph.D., associate professor of epidemiology at Pitt Public Health.
"Previous studies investigated substantially lower intake of omega-3 fatty acids than what people in Japan actually get through their diet. Our study seems to indicate that the level of marine-derived omega-3 fatty acids consumed must be higher than previously thought to impart substantial protection."
Marine-derived omega-3 fatty acids, which are found in fish, especially oily fish, as well as in squid and krill, may help to reduce inflammation and slow the formation of fatty plaques in arteries.
Researchers at Pitt partnered with scientists in Japan, Hawaii and Philadelphia to follow nearly 300 men for five years, tracking multiple factors that affect cardiovascular health, including cigarette smoking, the level of cholesterol in the blood and alcohol consumption, as well as their rates of diabetes and high blood pressure.
After accounting for risk factors for heart disease, the U.S. men had three times the incidence of coronary artery calcification as the Japanese men. Meanwhile, the levels of marine-derived omega-3 fatty acid in the blood were more than 100 percent higher in the Japanese than in the white men.
"The vast difference in heart disease and levels of marine-derived omega-3 fatty acid are not due to genetic factors," said Dr. Sekikawa. "When we look at Japanese Americans, we find that their levels of coronary artery calcification are actually higher than that of the rest of the U.S. population."
The average dietary intake of fish by Japanese people living in Japan is nearly 100 grams each day, which the American Heart Association considers 1 ½ servings. The average American eats about 7 to 13 grams of fish a day, or about one serving a week.
Heart disease is the leading cause of death in the U.S. and globally, according to the World Health Organization. However, Japan bucks this trend, with cancer as the leading cause of death.
"I am not encouraging Americans to start consuming massive amounts of fish, which may have harmful contaminants, such as mercury, in their flesh," said Dr. Sekikawa. "However, our findings indicate that it is worthwhile to take another look at the effect of marine-derived omega-3 fatty acids on heart disease, particularly when consumed at higher rates than previously investigated."
Source: University of Pittsburgh Schools of the Health Sciences, USA


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Sioux City Spray Foam Insulation
Whether you are looking to install or learn more about spray foam insulation in Sioux City, IA, we are here to help.
We can help you install spray foam insulation in Sioux City. Sioux City Spray Foam Insulation offers knowledgeable professionals skilled in both residential and commercial insulation. At Sioux City, we offer a variety of comprehensive insulation services designed with your needs in mind. Spray foam insulation is high-quality and can help you prioritize comfort, save money at work, and reduce energy costs up to 50%. Our team has experience in various types of commercial projects and can help find the right insulation solution for you. For more information, contact our Sioux City spray foam insulation team.
Sioux City () is a city in Woodbury and Plymouth counties in the northwestern part of the U.S. state of Iowa. The population was 85,797 in the 2020 census, making it the fourth-largest city in Iowa. The bulk of the city is in Woodbury County, of which it is the county seat, though a small portion is in Plymouth County. Sioux City is located at the navigational head of the Missouri River. The city is home to several cultural points of interest including the Sioux City Public Museum, Sioux City Art Center and Sergeant Floyd Monument, which is a National Historic Landmark.
Alvord, Anderson Subdivision, Bloomfield/Allen, Brandon, Bronson, Bryant Elementary School, Buffalo Ridge, CENTURY 21 ProLink, Canton, Canyon Trails, Cecelia Park, Chautauqua Park, Climbing Hill, Cook Park, Crooks


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My last interview for this primary cycle is with another one of the leading contenders in the crowded CD33 primary, Domingo Garcia. Garcia is an attorney and activist who served for eight years on the Democratic National Committee beginning in 1988. He was elected to Dallas City Council in 1991 after leading the fight to implement single member districts there, and was elected the first Latino Mayor Pro Tem in 1993. In 1996 he was elected to the Legislature and spent three terms there, serving on the Criminal Jurisprudence and Judicial Affairs Committees. He is involved with the Texas Latino Redistricting Task Force, which was and is one of the plaintiffs in the current litigation. Here's the interview:
You can find a list of all interviews for this cycle, plus other related information, on my 2012 Texas Primary Elections page. You can also follow this blog by liking its Facebook page. As noted, this is the last interview for the May 29 primary that I have planned. There are a number of campaigns to which I have made contact and been promised a return call, but I never did hear back from them. If one or more of them does eventually get back to me you may yet see some more interviews before the primary, but I wouldn't count on it. I'll be at the TDP convention here in Houston and I'll have my recorder with me, so I'm sure I'll get a few more interviews done, perhaps some for the runoffs and others for November. I hope you've enjoyed this series and found it useful. Thanks for taking the time to listen to the interviews.


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Daily Office:
¶ Matins: Is Bob Cringely mad? His vision of the future, "Pictures in Our Heads" — well you can see where he's going. ("And the way we'll shortly communicate with our devices, I predict, will be through our thoughts.") But it's the beginning of the entry that caught our eye. The power of Mr Cringely's assumption (with which we're ever more inclined to agree), that the iPhone/iTouch is today's seminal device, from which everything in the future will somehow flow, seems to mark a moment.
¶ Lauds: Isaac Butler outlines just how very hard it is to apportion praise and blame in the highly collaborative atmosphere of the theatre. Mr Butler winds up by pointing out how much easier it is to judge the performance of a classic play, because one of the variables — the text, usually unfamiliar to premiere audiences — is taken out of the problem. (Parabasis; via Arts Journal and the Guardian)
¶ Prime: Jeffrey Pfeffer discusses the "Sad State of CEO Replacement." His remarks prompt a question: Is the typical board of directors a band of masochists in search of a dominator? The minute a self-assertive bully walks in, they tend to submit with rapture. (The Corner Office)
¶ Tierce: Dave Bry is delighted to learn that the Milwaukee M12 2410-20 won a Popular Mechanics rating for Best Small Cordless Drill (or somesuch). Not that he's ever going to use one. (The Awl)
¶ Sext: Adam Gopnik addresses the evolution of cookbooks, from aides-mémoire intended for professionals to encyclopedias for novices, and beyond. Oakeshott and gender differences are dragged in. The recent fetish for exotic salts is explained. (The New Yorker)
¶ Nones: Another winter of discontent for Europe? Yulia Tymoshenko is cooking with gas. The new tariff will "ensure stable supplies of gas," quoth the prime minister. Really? (NYT)
¶ Vespers: Our favorite literary couples, Richard Pevear and Larissa Volokhonsky, sits for an interview with the Wall Street Journal. We knew the basics. But it's nice to have a bit of detail. (Who knew that Pasternak's style is "studied"?) (via The Second Pass)
¶ Compline: At NewScientist, a slideshow taken from Christopher Payne's Asylum: Inside the closed World of State Mental Hospitals. The show, presumably like Mr Payne's book, ends on a guardedly positive note. (via The Morning News)


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Levi's Promises 501 Pounds, and Some Face Time, for Window Display
Levi's has partnered with Dazed & Confused for a window display competition. This is for the Carnaby Street store in London. In the event that your blood, sweat and tears make it to the store window, your work will be featured in the June issue of Dazed & Confused, and you'll also win a token, if paltry, 501 pounds.
For that much, they're probably not getting the Five on Fifth treatment. But sometimes people surprise you in exchange for a little limelight.
More about the Carnaby Street display contest here.
by Angela Natividad
Click to Comment
Topic: Brands, Campaigns, Events, Magazine, Outdoor, Promotions
Topic: Brands, Campaigns, Events, Magazine, Outdoor, Promotions


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I bought this guitar around 1972 for $175 including a Kay amplifier, and am the second owner.
Dear Guitar Trash or Treasure,I bought this guitar around 1972 for $175 including a Kay amplifier, and am the second owner. It's been put away all these years, and now my wife and I are thinking about moving and it's time to downsize. The serial number is A330XX, and it's on an orange label on the inside. What can you tell me about this instrument, and how much is it worth?
- Larry Faffler, MN
Hi Larry –
you're a lucky dude! This is a killer vintage instrument with a lot of value, and here's why. Your Gibson ES- 355TD with a Cherry finish and original Bigsby tailpiece was manufactured in 1960 (128 instruments were produced that year). At the time, it was Gibson's top-of-the-line semi-hollow body electric guitar and was designed as a deluxe version of the ES-335TD with headstock binding, elaborate inlays, and a standard vibrato bridge. Gibson also made a stereo version of this with a three position/ Vari-tone switch (Model ES-355TD/ SV). The mono version you have was produced alongside the stereo model through the 1960s, but by 1970, it was phased out as the stereo variation proved to be more popular.
Your guitar appears to be in excellent shape, but certain areas need to be addressed. First, there is a "2" stamped into the back of the headstock. This indicates that the guitar is a factory second meaning there was probably a blemish in the finish or some other small imperfection on the guitar so it couldn't be sold at the same price as the regular priced instruments. Gibson designated these by putting a "2" on the back of the headstock, allowing dealers to sell them at a lower price, but included a full warranty on the guitar. At the time (and up until about 20 years ago), a factory second would bring much less money than a normal guitar. However, in today's crazy vintage guitar marketplace originality is the ultimate grading factor. Most dealers look past the factory second label, as you can't find many guitars in this type of original condition.
Second, the guitar has been played, but not overplayed. There is minimal wear on the frets, normal oxidation of the pickups and vibrato bridge, and the checkering and cracking of the nitrocellulose finish is typical of a guitar that has spent a lot of time in the case. Lastly, speaking of the case, it appears to be non-original and Gibson cases can add a significant premium to the overall value of the guitar. The good news about this non-original case is that it won't subtract any value from the guitar – it is not unusual for some vintage Gibson guitars to not have original cases. The original case would only add more to the value of the guitar.
I would value your guitar between $27,500 and $30,000 based on the condition I have determined in the provided pictures (90%, excellent condition). This guitar is definitely a treasure – something I'm hoping to stumble upon in my adventures!
Zach Fjestad is the author of the Blue Book of Electric Guitars, Blue Book of Acoustic Guitars, and Blue Book of Guitar Amplifiers. These publications are available through Blue Book Publications. Guitar Trash or Treasure questions can be submitted to:
Blue Book Publications
Attn: Guitar Trash or Treasure
8009 34th Ave. Ste #175
Minneapolis, MN 55425
Please include pictures of your guitars.


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Show All Answers
Ruben Martin, the City's Fire Marshal may be contacted by phone at 628-600-9988.
Burning the stump is not allowed by the Fire Code. Such an action during the fire season can lead to a catastrophic wildfire. No uncontrolled open burning of any kind is allowed within the City of Larkspur. Stumps are typically removed by grinding. Smaller stumps can be pulled from the ground with a chain using a winch.
If you do choose to use a fire pit during the summer fire season and it causes a wildfire, you could be held liable for any damages plus the cost to fight the fire. So use the fire pit with extreme caution, have a charged garden hose ready to use, and fully extinguish the fire before leaving the area. Do not deposit ashes in the trash can. Hours later, this can lead to a smoldering fire that eventually consumes the garbage can and anything nearby, such as the wall of your home or garage.


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Green tea extract shows potential sperm benefits: Lab study
Researchers from the University of Calabria report that EGCG (epigallocatechin gallate) at low doses improved measures of sperm quality, including motility.
Green tea contains between 30 and 40% of water-extractable polyphenols, while black tea (green tea that has been oxidized by fermentation) contains between 3 and 10%. Oolong tea is semi-fermented tea and is somewhere between green and black tea. The four primary polyphenols found in fresh tealeaves are epigallocatechin gallate (EGCG), epigallocatechin, epicatechin gallate, and epicatechin.
"In the present study, we demonstrate for the first time that tightly depending on the used concentration, EGCG/ estrogen receptors are able to improve fertilization potential of the human male gamete, evidencing the specific effects on motility, viability, and energy expenditure in human sperm," wrote the researchers in Molecular Nutrition & Food Research.
However, as Paracelsus once said, "the dose makes the poison", and the negative effects at high concentrations led the researchers to conclude that they cannot totally exclude that "excessive EGCG concentrations seem to be harmful for parameters related to reproduction".
Nutrients and fertility
Sub-fertility in men is reported to account for between 25 and 30% of all infertility causes, and is listed as one of the many reasons that birth rates are falling in Western countries.
In addition, it has been claimed that about 50% of male fertility is the result of unknown causes (idiopathic), and nutrition has been touted as a potential way of boosting the quality of sperm.
Study details
The Italian researchers exposed human sperm samples to a range of concentrations of EGCG. Results showed that, at low concentrations, EGCG was associated with "increased sperm motility, viability, and phosphorylation of proteins controlling cell survival".
However, at high concentrations "produced opposite effects", said the researchers.
Commenting on the potential mechanism, they noted that low dose EGCG seemed to exert its benefits via an interaction with estrogen receptors.
"Taken together all our data acquire more emphasis corroborating previous findings indicating that, at medium dosages, EGCG increases the number of porcine sperms that bind to [the membrane surrounding an egg cell]," they said.
"We defined the molecular mechanisms of EGCG action on male fertilizing potential thus suggesting that EGCG may be an effective supplement for improvement in human [assisted reproductive technology (ART)]."
Source: Molecular Nutrition & Food Research
Volume 56, Issue 11, Pages 1655–1664, doi: 10.1002/mnfr.201200190
"Epigallocatechin gallate affects survival and metabolism of human sperm"
Authors: F. De Amicis, M. Santoro, C. Guido, A. Russo, S. Aquila


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Casino Pier Takes Step To Remove Jet Star Coaster From Ocean
Casino Pier in Seaside Heights has signed a contract with a marine salvage company to remove the Jet Star roller coaster from the ocean.
Donjon Marine Inc. of Hillside expects to begin work within the next 10 days to dismantle the coaster, which fell into the ocean during Superstorm Sandy when part of Casino Pier broke off, according to the Star Ledger.
A water-borne crane will be brought in to take the Jet Star down from the ocean side, Donjon President Arnold Witte told the Star Ledger. Pier and coaster debris will also be removed from the 92,000 square foot area.
No date has been announced for the project's completion as the progress of work is affected by the weather. Witte and Akers did not make public a dollar figure on the cost of removal.
An Icon Of The Superstorm
The roller coaster, which became an iconic symbol of Superstorm Sandy's effect on the Jersey Shore. Seaside Heights Mayor Bill Akers had considered keeping the roller coaster in the ocean believing it to be a "great tourist attraction." In January Chistopher Angulo of Lavallette climbed to the top of the Jet Star and planted a flag to bring attention to slow recovery from Sandy.
Last week Seaside Heights began work on a new boardwalk which is expected to be open by May 10.